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CC - Staff Report Page 1 HEARING DATE: 3/5/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: H-2019-0005 Rackham Subdivision LOCATION: 1020 S. Eagle Rd. (SW ¼ of Section 16, T.3N., R.1E.) I. PROJECT DESCRIPTION Request for a new Development Agreement to include a conceptual development plan and development provisions for the overall site. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 51.59 Future Land Use Designation Mixed-Use Regional (MU-R) Existing Land Use Vacant/undeveloped land (formerly used for corn maze) Proposed Land Use(s) Commercial, office, outdoor entertainment facility Current Zoning C-G Proposed Zoning NA Neighborhood meeting date; # of attendees: 10/30/2018; 13 attendees History (previous approvals) Annexed in 1995 (Ord. #719, Langly/Power Mall); the annexation included the subject property as well as the property to the south. A Development Agreement (DA) was required as a provision of annexation to be entered into prior to the preliminary plat being approved & required all of the property to develop as a commercial planned development (a preliminary plat was never submitted and a DA was never recorded); a conditional use permit/planned development was also approved for a 700,000 square foot retail center that has since expired. Page 2 III. APPLICANT INFORMATION A. Applicant: BVA Development – 2775 W. Navigator Dr. 4th Floor, Meridian, ID 83642 B. Owner: Idaho Central Credit Union/BVA Development – 2775 W. Navigator Dr. 4th Floor, Meridian, ID 83642 C. Representative: Geoffrey M. Wardle, Spink Butler, LLP – 251 E. Front St., #200, Boise, ID 83702 Future Land Use Map Aerial Map Zoning Map Planned Development Map Page 3 IV. NOTICING City Council Posting Date Legal notice published in newspaper 2/15/2019 Radius notice mailed to properties within 300 feet 2/12/2019 Public hearing notice sign posted 2/21/2019 Nextdoor posting 2/12/2019 V. STAFF ANALYSIS This property along with the property to the south was annexed into the City in 1995 with a C-G zoning district; and a conditional use permit/planned development application was approved for a 700,000 square foot retail center as shown on the conceptual development plan below. Page 4 The conditional use permit/planned development has since expired. As a condition of annexation, the Applicant was required to enter into a Development Agreement (DA) prior to submittal of a preliminary plat application that includes the provisions in the Annexation Ordinance and the Findings of Fact and Conclusions of Law. However, because annexations cannot be conditioned and the property was annexed without a DA, the City Attorney has deemed compliance with the provisions of the annexation are not required and the current C-G zoning governs future development of the site. The Applicant proposes a new DA for the property boundary described in Section VII.A with a conceptual development plan, included in Section VII.B; proposed development provisions are included in Section VII.C. Staff has requested the Applicant submit a phasing plan and pedestrian circulation plan for review prior to the City Council hearing for inclusion in the DA. A mix of uses are proposed to develop on the site including office, medical, hotel, retail and outdoor recreation facility uses with future multi-family/commercial/office uses. Two (2) 125,000 square foot buildings are proposed along the northern boundary of the site adjacent to I-84, one of which is for Idaho Central Credit Union – construction for both structures is intended to be commenced in the next several months. An outdoor entertainment facility is proposed at the northeast corner of the site with a hotel directly to the south. Future multi-family/commercial/office uses are depicted at the southeast corner of the site. Office, retail and medical uses are anticipated to develop on the remainder of the site. Future development of this site should be generally consistent with this plan. A. Future Land Use Map Designation (Comp Plan) (Pgs. 30-31) Mixed-Use Regional (MU-R) B. Existing Structures/Site Improvements: There are no existing structures or improvements on this site. C. Proposed Use Analysis: Allowed uses in the C-G district are listed in UDC Table 11-2B-2. Office, retail, healthcare/social service, outdoor recreation facility uses are principally permitted in the C-G district; multi-family developments require conditional use approval and are required to comply with the specific use standards listed in UDC 11-4-3-27. Specific use standards are applicable to the following uses: “Hotels (UDC 11-4-3-23): A. Accessory uses including, but not limited to, restaurants, retail, drinking establishments, and personal services, may be allowed if such uses are completely within the hotel or motel structure. A drinking establishment shall require separate or concurrent approval subject to the regulations of section 11-4-3-10 of this chapter. B. A conditional use permit shall be required for any hotel or motel use that adjoins a residential district or an existing residence. Outdoor entertainment/recreation facility (UDC 11-4-3-2) A. General Standards: 1. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard. Page 5 2. No outdoor event or activity center shall be located within fifty feet (50') of any property line and shall operate only between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. 3. Accessory uses including, but not limited to, retail, equipment rental, restaurant and drinking establishments, may be allowed if designed to serve patrons of the use only. 4. Outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker Systems", of this title. B. Additional Standards for Swimming Pools: Any outdoor swimming pool shall be completely enclosed within a six foot (6') non-scalable fence that meets the requirements of the building code in accord with title 10, chapter 1, of this code. C. Additional Standards for Outdoor Stage or Musical Venue: Any use with a capacity of one hundred (100) seats or more or within one thousand feet (1,000') of a residence or a residential district shall be subject to approval of a conditional use permit. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) Outdoor Speaker Systems (UDC 11-3A-13): Any outdoor speaker system associated with the use shall be located a minimum of one hundred feet (100') from all residential districts. No outdoor speaker systems shall be allowed within a residential district. These standards may be waived through approval of a conditional use permit.” D. Dimensional Standards: Future development should be consistent with the dimensional standards for the C-G district listed in UDC Table 11-2B-3 as follows: E. Access: Access to the site is provided via S. Silverstone Way at the south boundary of the site and via S. Rackham Way at the southwest corner of the site. A roundabout is proposed at the terminus of Silverstone Way and a shared access driveway is proposed between the subject property and the Page 6 property to the south, which will provide an east/west vehicular connection to the public streets (i.e. Silverstone & Rackham). Staff recommends a cross-access easement and maintenance agreement is entered into between the subject property owner and the property owner to the south for shared access and maintenance of the driveway. F. Pedestrian Pathways/Walkways: Pedestrian connections are depicted on the concept plan between the buildings on the site and along the northern boundary of the site within the buffer along I-84 to be further refined in the future. Pedestrian walkways should be provided within parking areas to all building entrances for safety. Staff recommends a continuous pedestrian walkway network that is a minimum of 5-feet in width is provided internally within the site from the sidewalks along S. Silverstone Way and Rackham Way along the main drive aisles within the development and within the street buffer along I-84 to the main building entrances; and for drive aisle lengths greater than 150 parking spaces or 200’ away from the primary building entrances – internal pedestrian walkways should be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. VI. DECISION A. Staff: Staff recommends approval of the proposed DA as set forth in the exhibits in Section VII. Page 7 VII. EXHIBITS A. Legal Description Page 8 Page 9 B. Conceptual Development Plan C. Proposed Development Agreement Provisions Note: The Applicant’s proposed provisions are noted in normal text; Staff’s recommended additional provisions are noted in italic text. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are those uses allowed under the UDC, within the C-G district from time to time as permitted, accessory or conditional uses. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS COVERING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. In recognition of the existing development rights associated with the Property under the UDC, and the proposed scope of the initial phase of the Owner’s corporate center consisting of the two commercial office buildings located on the northern boundary of the Property, the Owner and Developer have been permitted to submit and to obtain design review approvals for those two buildings, certificates of zoning compliance for those two buildings, and building permits for those two buildings, prior to the approval of the subdivision plat for the Property, Page 10 consistent with the Findings, attached as Exhibit “B” and the concept plan attached as Exhibit “C”. 5.2. No other building permits for individual buildings will be available on the Property until the subdivision plat is recorded. Upon the recording of a subdivision plat, additional building permits shall be available consistent with the UDC. 5.3. The Owner and Developer shall develop the Property in accordance with the conditions of approval contained in Findings attached as Exhibit “B”. 5.4. The developer shall enter into a cross-access easement and maintenance agreement with the abutting property owner to the south for the east/west shared driveway adjacent to the southern boundary of the site. A recorded copy of the easement agreement shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. 5.5. A continuous pedestrian walkway network that is a minimum of 5-feet in width shall be provided internally within the site from the sidewalks along S. Silverstone Way and Rackham Way along the main drive aisles within the development and within the street buffer along I-84 to the main building entrances; and for drive aisle lengths greater than 150 parking spaces or 200’ away from the primary building entrances – internal pedestrian walkways should be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. 5.6. Future development of the site shall be consistent with the structure and design standards listed in UDC 11-3A-19 and the design standards in the Architectural Standards Manual. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. Department of Environmental Quality (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/161582/Page1.aspx B. Nampa & Meridian Irrigation District (NMID) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=161754 C. New York Irrigation District (NYID) http://weblink.meridiancity.org/weblink8/0/doc/161153/Page1.aspx D. Police Department http://weblink.meridiancity.org/weblink8/0/doc/161439/Page1.aspx